Execution and enforcement of sentences
Defense after the hearing – your options after a judgment
We can achieve a lot for you even after your conviction: As nationwide recognized experts in law enforcement and penal law, we have experience in ensuring the consequences of a conviction impose the leased burden on our clients.
We would be happy to advise you on issues relating to the seizure of assets, but also on suspension of sentences, early release and open enforcement. In addition, we have expertise in pardon proceedings and international criminal enforcement, which is increasingly becoming an area of focus.
Preliminary consultation: New regulations due to the coronavirus pandemic
In order to prevent infections with the novel coronavirus, the Senate Department for Justice and the corresponding authorities in other federal states have imposed far-reaching restrictions and changes in the penal system and enforcement.
In particular, more extensive postponements of detention are granted, early releases and transfers to a open enforcement are given priority, but unfortunately also the visiting rights and employment opportunities of the inmates are severely restricted.
We would be happy to advise you on the current situation and your options.
Enforcement of sentences: Suspension of sentences, early release and monetary claims
After the conviction, the public prosecutor’s office decides on all issues relating to the execution of a judgment. Aspects such as the selection of the correctional facility or suspension of the sentence must be clarified with this authority.
In the case of enforcement of fines and seizure orders, payment in installments can be agreed or an application can be made to dispense with the seizure order.
The area of the enforcement of sentences also includes clarification of early release on probation after serving half or two-thirds of a prison sentence.
Thanks to decades of experience, H2W Criminal Law offers you comprehensive and forward-looking advice on all issues relating to the enforcement of sentences. Consultation should ideally take place before a possible conviction, i.e. during the criminal proceedings.
Penal system: Open enforcement and enforcement relaxations
The penal system includes all aspects that determine the structure of the term of detention, for which the penal institutions are responsible and which are subject to judicial review.
Important decisions are made regarding open enforcement and relaxation of prison sentences such as prison leave and release. We support and advise you on these issues in preparation and during enforcement.
It is not uncommon for the greatest burden of a judgment to be the decision to collect monetary claims from the convicted person by way of asset seizure. If it was not possible to avert this decision in the trial, there are various possibilities after the conviction to obtain a refusal to enforce this decision.
Solid case law has not yet developed in this newly regulated area – so extensive experience in dealing with law enforcement authorities is all the more important.
We would also be happy to advise you on the relationship between criminal and tax law asset seizure in the event of convictions for tax evasion.
Early release – half and two-thirds sentence
According to the law, it is possible to be released on probation after half or two thirds of a prison sentence to be served.
It is advisable here to set the course early on and work towards a positive decision in a targeted manner – let us advise you.
The special case: Pardoning proceedings
If all legal remedies have been exhausted or are not relevant, a condemned person may go to through the pardoning procedure.
The pardoning procedure is regulated separately in each federal state in a pardon order. The responsible authorities also differ and are usually located at the public prosecutor's office, the regional court or the Ministry of Justice.
A pardon can not only consist in the waiver of the sentence, but also, for example, in a suspension on probation or in the granting of relaxation or detention leave, which could not be enforced in the regular way.